Procedures set forth in this Chapter regulate certain sites, buildings, structures, objects and works of art so as to allow a measure of protection afforded by a thorough study of alternatives to incompatible alterations or demolition before such acts are performed, so that the following objectives are reached:

   (A)   To safeguard the architectural integrity of the city's listed landmark properties.

   (B)   To safeguard the heritage of the city by preserving sites, buildings, structures, objects and works of art that reflect elements of the city's cultural social economic political or architectural heritage.

   (C)   To seek alternatives to demolition or incompatible alterations to listed properties before such acts are performed.

   (D)   To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.

   (E)   To contribute to the economic, recreational, cultural and educational development of the City of Montgomery by:

      (1)   Protecting and enhancing the city's historic properties for existing and prospective residents, tourists, and visitors.

      (2)   Stabilizing and improving property values.

      (3)   Fostering civic pride in the beauty and notable accomplishments of the past.

      (4)   Promoting the use and preservation of historic and archaeological sites and structures for the education and general welfare of the people of Montgomery.

(Ord. 5-2005, passed 3-23-05)

   All applications for designation of a city landmark must be made by, or with the written concurrence of, the owner of the nominated property. In considering the designation of any site, building, structure, object or work of art as a city landmark property, the Landmarks Consultant, Landmarks Commission and City Council shall review nominations or applications according to the following.

   (A)   Review Criteria. The following criteria shall apply to each property to qualify for designation. One or more of the following must apply to the property.

      (1)   It has character, interest, or value as part of the heritage of the city, the state, or the United States;

      (2)   It was the location of a significant historic event;

      (3)   It is identifiable with a person or persons who significantly contributed to the historic development of the city;

      (4)   It exemplifies the cultural, economic, social, archaeological or historic heritage of the city;

      (5)   It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style;

      (6)   It is the embodiment of distinguishing architectural characteristics, type or specimen;

      (7)   It is identifiable as the work of an architect or master builder whose individual work has influenced the development of the City;

      (8)   It is an embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural or technological innovation;

      (9)   Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community, or the City;

      (10)   It has yielded, or is likely to yield information important to prehistoric or historic understanding.

   (B)   Public Hearing Required. Whenever the Landmarks Commission is to consider the designation of a listed landmark property, or a national register building, it shall hold a public hearing thereon and shall publish notice of such hearing in a newspaper of general circulation within the municipality once a week for two consecutive weeks on the same day of the week, the first of such publications to take place not less than 30 days prior to the public hearing.

   (C)   Landmarks Commission Action. The Landmarks Commission shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within 30 days after the hearing, the Landmarks Commission shall set forth in its decision findings of fact which constitute the basis for its decision and shall transmit the decision concerning the proposed designation or listing to Council.

   (D)   Confirmation by City Council. Within 45 days of the receipt of the Landmarks Commission's decision, City Council shall review and consider legislation designating the landmark as recommended by the Landmarks Commission or as amended by Council.

   (E)   Decision Shown on Zoning Map. Upon the designation of a landmark, the Montgomery Zoning Map shall be revised to indicate by an appropriate symbol or device that the parcel so marked is subject to listed landmark designation, and the Clerk of the Council shall send a certified copy of the Resolution by registered mail to the record owner, and any person known to have a legal or equitable interest in the property.

   (F)   Designations. City Council may designate landmarks without limitation as to number or period when designation proceeds from an application for the same.

   (G)   Certificate of Approval Required. An owner or other person, having received written notice that a site is being considered for designation as a landmark, shall make no alterations to the site until the procedures for designation as a landmark as noted herein are completed.

(Ord. 5-2005, passed 3-23-05)

   No construction, reconstruction, alteration, or demolition, or partial demolition of any listed landmark structure or architectural feature thereto, shall be undertaken prior to obtaining a certificate of approval according to the procedures outlined in § 150.1206. The redevelopment of vacant land that previously was occupied by a designated landmark that has been demolished must also obtain a certificate of approval according to the procedures outlined in § 150.1206.

(Ord. 5-2005, passed 3-23-05)

   (A)   Whenever the owner of a city landmark property intends to demolish or move a structure, he/she shall first apply for and secure a demolition or moving permit and a certificate of approval.

   (B)   Subsequent to the application for demolition or moving, there shall be a 270-day review period. During the review period the Landmarks Commission shall research the history, architectural merit, or other relevant characteristics of the property, review the public and private interests inherent in its preservation, discuss the proposal with the applicant, and explore possible alternates to demolition or moving. Should the applicant and the Landmarks Commission arrive at a mutually acceptable agreement, all or part of the 270-day review period may be waived by the Landmarks Commission.

   (C)   In order to grant approval for demolition or moving, the Landmarks Commission shall determine that the building meets at least one of the following criteria:

      (1)   Deemed a hazard. The building is a hazard to public health or safety and repairs are unfeasible as determined by the city's Building Inspector or his designee, who shall seek the advice of the appropriate technical experts as needed.

      (2)   Rehabilitation not feasible. Rehabilitation of the building is not feasible. It shall be the responsibility of the applicant to prove that rehabilitation of the building is not feasible. In reviewing the feasibility of rehabilitation, the Landmarks Commission shall review the applicant's proposed use and shall consider alternative uses for which the building might be better suited.

      (3)   Detriment to community. The retention of the building would not be in the interest of the community as a whole.

   (D)   In the event that the Landmarks Commission determines within the 270-day review period that a certificate of approval shall not be issued, it shall forthwith state in its record reasons for such determination, and may include recommendations relative to the proposed demolition or moving. The Landmarks Commission shall notify the applicant of such determination and shall transmit its reasons for denial and recommendations for demolition or moving, if any.

   (E)   The applicant may appeal the denial of the certificate of approval to City Council. Council shall review the recommendation of the Landmarks Consultant and the determination of the Landmarks Commission. Council may, by five concurring votes, reverse or modify the decision of the Landmarks Commission.

   (F)   While a structure is under consideration for demolition or moving, it remains the owner's responsibility to maintain the building in a reasonable fashion. Deterioration of a structure through simple negligence shall not be permitted. At the direction of the City's Building Inspector, the owner shall take action to ensure the property does not fall into disrepair.

   (G)   The City Manager may grant a certificate of approval for demolishing or moving in instances where there is an imminent threat to the public health or safety. In such instances, the City Manager shall seek the advice of appropriate technical experts as needed prior to issuing the certificate of approval.

   (H)   When a certificate of approval is granted for reasons other than public health or safety such approval shall not, unless waived, become effective until three months after the date of the approval decision by the Landmarks Commission in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the building. The foregoing does not imply approval of demolition or moving by the Building Inspector.

(Ord. 5-2005, passed 3-23-05)

   The Landmarks Commission shall review proposed National Register nominations for properties within its jurisdiction according to the Ohio Certified Local Government guidelines summarized below:

   (A)   Within 60 days of notice from the Ohio Historic Preservation Office (OHPO) the Landmarks Commission shall review the nomination to determine its compliance with the review criteria listed in § 150.1802. Following its review, the Landmarks Commission shall prepare a report containing its recommendation. Attached to the report shall be a recommendation from the Mayor regarding the eligibility of the nominated property. Minimally, the report may be a letter, signed by both the Mayor and the Chairperson of the Landmarks Commission, stating their respective opinions regarding a property's eligibility for listing on the National Register of Historic Places.

   (B)   A copy of the Landmarks Commission's report shall be available for public inspection at a location within the City.

   (C)   The City may expedite the nomination process by submitting a report with the nomination when it is first submitted to the OHPO. Public participation requirements still apply.

   (D)   Upon written agreement between the City and the OHPO, the City may elect to assume responsibility for notification of property owners and the public throughout the nomination process. If the City assumes the notification responsibilities, the OHPO will provide guidance regarding public notification and the content and timing of the notification letters.

(Ord. 5-2005, passed 3-23-05)